New South Wales Consolidated Regulations

HASTINGS LOCAL ENVIRONMENTAL PLAN 1987 - REG 15

15 Subdivision of land for rural residential purposes

(1) This clause applies to land within Zone No 1 (a1).

(2) Notwithstanding clause 14, the Council may consent to a subdivision of land within Zone No 1 (a1) where:

(a) the land the subject of the application has an area of not less than 30 hectares,

(b) the total number of allotments to be created is not less than 7,

(c) the average size of the allotments to be created is not less than:

(i) in respect of land to which a reticulated water supply will be available-1.5 hectares, or

(ii) in respect of land to which a reticulated water supply will not be available-4 hectares,

(d) the Council is satisfied that the development will be carried out in a manner compatible with the matters specified in Schedule 3, and

(e) an environmental impact report containing the matters referred to in Schedule 4 has been lodged with the development application.

(3A) In determining whether to grant consent for subdivision under this clause, the Council must take into consideration:

(a) topographic and soil limitations with respect to house and access track location and construction,

(b) vegetation disturbance, and

(c) effluent disposal.

(4) In the preparation of an environmental impact report referred to in subclause (2) (e), the person preparing the report shall consult with the Council and shall, in completing the preparation of the report, have regard to any requirements notified to the person in writing by the Council in respect of the form and content of the report.

(5) The Council shall not consent to a subdivision referred to in this clause unless land to which the application refers is:

(i) located at least 8 kilometres and no more than 16 kilometres from the Port Macquarie Post Office,

(ii) within a 5 kilometre radius of Kendall, Wauchope, Beechwood or Telegraph Point Post Offices, or

(iii) within 2 kilometres of land within Zone No 1 (c1).