New South Wales Consolidated Regulations

FORBES LOCAL ENVIRONMENTAL PLAN 1986 - REG 19

19 Rural Residential Zone No 1 (c)

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

(2) Subject to subclause (3), the council shall not grant consent to an application to subdivide land to which this clause applies unless:

(a) the area of each allotment to be created by the subdivision is:

(i) not less than 2 hectares, for allotments with on-site disposal of wastes, or

(ii) not less than 4 000 square metres, for allotments to be served with a sewerage disposal system,

(b) the ratio of depth to frontage of each allotment to be created by the subdivision is satisfactory to the council having regard to the purpose for which the allotment is to be used, and

(c) there is no direct means of vehicular access from any allotment to a main or arterial road.

(3) The council may grant consent to an application to subdivide land to which this clause applies (other than flood liable land) so as to create allotments with provision for on-site disposal of wastes the areas of which are less than the area specified in subclause (2) (a) (i), where the council has available to it a detailed analysis demonstrating the suitability of all lots to be created for on-site disposal of wastes, which analysis shall include consideration of:

(a) slope,

(b) ground cover,

(c) soil permeability,

(d) transpiration factors,

(e) proximity of proposed dwellings to flowlines,

(f) relative location of proposed dwellings to proposed septic systems and each other,

(g) landscaping,

(h) proximity of small lots to larger lots, or

(i) maintenance of any works for soil conservation purposes.

(4) Notwithstanding subclause (2), the council shall not grant consent to an application to subdivide land to which this clause applies and which is flood liable land unless each separate allotment created thereby has an area of not less than 10 hectares.

(4A) Subclause (4) shall not apply to land described in Schedule 7.

(5) A person shall not carry out development for the purposes of a dwelling-house on an allotment of land within Zone No 1 (c) unless the allotment is an allotment created in accordance with this clause.

(6) Notwithstanding subclause (5), a dwelling-house may be erected on an allotment of land within Zone No 1 (c) which is not flood liable land irrespective of the area of the allotment if the allotment effected was created by a subdivision effected before the appointed day.

(7) Notwithstanding subclause (6), a dwelling-house may only be erected on flood liable land within Zone No 1 (c) which comprises the whole of an existing holding or an existing holding affected only by a subdivision effected in accordance with this clause.

(8) In this clause, "existing holding" means:

(a) except as provided by paragraph (b), a lot, portion or parcel of land as it was on 1 November 1991, or

(b) where, on 1 November 1991, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels as they were on that date.