New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 14

14 Subdivision of land within Zone No 1 (c)

(1) Subject to this clause, land within Zone No 1 (c) shall not be subdivided unless each proposed allotment has an area determined by the Council having regard to:

(a) the availability of reticulated water services or, if those services are unavailable, the capacity of the land to provide an adequate domestic water supply without adversely affecting existing surrounding downstream water supply,

(b) where connection to a sewerage system is not required in the opinion of the Council, the ability of the land to accommodate disposal of domestic waste,

(c) the standard and capacity of public roads serving the land relative 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 generated,

(d) the availability of other utility services and social services relative to the likely demand for those services and the costs of their provision,

(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 as related to the density of the subdivision,

(g) whether any source of pollution in the locality requires larger allotments to enable separation of dwellings from that source,

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

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

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

(k) the likely impact the development will have on the land’s capability to support that development without suffering land degradation, including erosion.

(2) Subject to clause (3), the Council shall not consent to the subdivision of land within Zone No 1 (c) which creates allotments the Council is satisfied will be used for the erection of dwelling-houses where those allotments have an area of less than:

(a) in the case of an allotment to be connected to a reticulated water supply-4,000 square metres, or

(b) in any other case-2 hectares.

(3) In considering and application for consent to a subdivision of land within Zone No 1 (c), the Council shall have regard to:

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

(b) whether it is possible to construct a dam on each allotment, and

(c) whether the subdivision enables the subsequent erection of dwelling-houses in a manner that appropriately relates dwelling-houses to each other and to the topography of the land.