New South Wales Consolidated Regulations

CONARGO LOCAL ENVIRONMENTAL PLAN 1987 - REG 11

11 Rural subdivision-Zone No 1 (a)

(1) This clause applies to land within Zone No 1 (a).

(2) In this clause:
"concessional lot" means an allotment referred to in subclause (5) (a).
"existing holding" means:

(a) except as provided by paragraph (b)-the area of a lot, portion or parcel of land as it was at the appointed day, or

(b) where, as at the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of the areas of those lots, portions or parcels as they were at the appointed day.

(3) The Council shall not grant consent to the subdivsion of land to which this clause applies except as provided by this clause.

(4) The Council may grant consent in respect of an application to subdivide land to which this clause applies if each allotment of land to be created by the subdivision will have:

(a) an area of not less than 40 hectares, and

(b) a ratio of depth to frontage satisfactory to the Council, having regard to the purpose for which the allotment is or is intended to be used.

(5) Subject to subclause (7), the Council may grant consent in respect of an application to subdivide land to which this clause applies for the following purpose:

(a) to create an allotment having an area of less than 40 hectares, but not less than 2 hectares, if the Council is satisfied that:

(i) the allotment is intended to be used for the purpose of agriculture, and

(ii) the ratio of depth to frontage is satisfactory to the Council having regard to the intended use of the allotment for the purpose of agriculture.

(6) The Council may grant consent in respect of an application to subdivide land located within a radius of 12 kilometres from the junction of State Highway No 21 (known as the Cobb Highway) and Main Road No 552 (known as the Deniliquin to Conargo Road) where each allotment to be created by the subdivision:

(a) will have an area of not less than 2.5 hectares,

(b) will have a ratio of depth to frontage which is satisfactory to the Council, having regard to the purpose for which the allotment is intended to be used,

(c) will consist, in the opinion of the Council, of elevated country for at least 50 per cent of the area of the allotment,

(d) being an allotment which will have a major road frontage, will have a frontage of not less than 200 metres,

(e) will have an ingress to and egress from it that is satisfactory to the Council,

(f) will be provided with utility services which, in the opinion of the Council, are adequate or has had arrangements (which in the opinion of the Council are satisfactory) made with respect to it for the provision of utility services,

(g) will, in the opinion of the Council, be comprised of a sufficient proportion of well-drained sandy soil dune formation, the dunes being not less than 3 metres high, and

(h) will be used for a purpose which in the opinion of the Council will not result in accelerated soil erosion or salinization.

(7) Except as provided by subclause (8), the total number of concessional allotments that may be created (whether by one or more subdivisions made at any time on or after the appointed day) from an existing holding is:

(a) where the area of the existing holding is not less than 20 and not more than 40 hectares-1,

(b) where the area of the existing holding is more than 40 hectares-2.

(8) The total number of allotments that may be created (whether by one or more subdivisions made at any time on or after the appointed day) from an existing holding, being land to which subclause (6) applies, is 10.

(9) The Council may grant consent in respect of an application to subdivide land to which this clause applies (other than land to which subclause (6) applies) so as to create an allotment having an area of less than 40 hectares if the Council is satisfied that:

(a) the allotment is intended to be used for a purpose (other than of agriculture or a dwelling-house) for which it may be used without, or only with, the consent of the Council, and

(b) the ratio of depth to frontage is satisfactory, having regard to the purpose for which the Council is satisfied the allotment is intended to be used.

Note: Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 enables subdivision of lots smaller than allowed by this plan for the purposes of primary production.