New South Wales Consolidated Regulations

EUROBODALLA RURAL LOCAL ENVIRONMENTAL PLAN 1987 - REG 13

13 Subdivision of land within Zone No 1 (a), 1 (a1), 7 (f1) or 7 (f2)

(1) This clause applies to land within Zone No 1 (a), 1 (a1), 7 (f1) or 7 (f2).

(3) If, on an allotment or portion of land to which this clause applies:

(a) more than one dwelling is or is proposed to be erected, the separate occupation of the several lots illustrated by a proposed strata plan (within the Strata Titles Act 1973 ), relating to the dwellings is prohibited,

(b) more than one dwelling-house is or is proposed to be erected, the allotment or portion shall not be subdivided if each dwelling-house will be located on a separate allotment created by the subdivision.

(4) Subclause (3) does not apply to an existing parcel from which it is proposed to create an allotment upon which a dwelling-house may be erected pursuant to clause 14 (4).

(5) Subclause (3) and clause 16 (5) do not apply to an existing parcel on which more than one dwelling or dwelling-house is erected where:

(a) the existing parcel has an area of more than 20 hectares,

(b) it is proposed to create from the existing parcel one allotment having an area of not less than 1,000 square metres and not more than one hectare upon which a dwelling is erected, and

(c) the Council is satisfied that the land is in agricultural use and the subdivision will not adversely affect the continued agricultural use of the land.

(6) One and only one allotment referred to in subclause (5) (b) may be created in respect of the existing parcel referred to in that subclause.

(7) In this clause, "existing parcel" means the total area of a parcel of adjoining or adjacent land:

(a) that was owned by the same person or persons on 9 August 1963, and

(b) that is still owned by the same person or persons whether or not being the person or persons referred to in paragraph (a),

and includes any such parcel of land to which additional adjoining or adjacent land has been added since 9 August 1963.