New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 11

11 Subdivision of land-general

(1) Except as provided by subclause (2), a person shall not subdivide land to which this plan applies without the consent of the Council.

(2) The consent of the Council is not required for a subdivision for any one or more of the following purposes:

(a) to enable the opening of a public road (not involving the creation of an allotment which does not comply with a development standard specified in this plan) or to widen a public road,

(b) to make minor adjustments to common property boundaries provided no additional allotment of land is created,

(c) to amalgamate existing allotments otherwise than as specified in paragraph (d),

(d) to enlarge the area of an allotment of land within Zone No 1 (a), 1 (bwc) or 1 (v) by amalgamating the allotment with another allotment,

(e) to rectify an encroachment upon an existing allotment,

(f) to facilitate the creation of a public reserve, or

(g) to excise from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bushfire brigade services or other rescue services or public conveniences.

(3) The council shall not grant consent to the subdivision of any land where a reticulated sewerage system is not available unless the Council is satisfied that the land the subject of the application is suitable for disposing and containing effluent on site.

(4) Despite the other provisions of this plan, the Council may consent to the subdivision of a parcel of land that is within more than one zone if the proposed subdivision (except for any residue allotment) meets the minimum lot size requirements for the zone in which the greater part of the land concerned is situated.