New South Wales Consolidated Regulations

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 1995 - REG 12A

12A What criteria apply to subdivision for farm adjustment?

(1) This clause applies to land in Zone 1 (a1), 1 (a2), 1 (a3), 1 (a4), 1 (d), 7 (a), 7 (b), 7 (f) or 7 (g).

(2) The aim of this clause is to provide flexibility in the application of standards for subdivision in rural and environmental protection zones, in order to allow landowners greater opportunities to achieve the objectives of the zones.

(3) Despite clause 12 (1), the Council may consent to the subdivision of land by way of boundary adjustment between two adjoining allotments, providing:

(a) that subdivision will not result in a net increase in the number of lots, or dwelling entitlements, as permitted under clause 14, and

(b) if, before the boundary adjustment, there are no dwellings and no dwelling entitlements on one lot, then the result of the boundary adjustment must be that there are no dwellings or dwelling entitlements on one lot, and

(c) the net outcome of the subdivision is likely to assist in achievement of the objectives of the relevant zone, and

(d) the subdivision design will not establish a situation where the relative position of the existing or proposed improvements and rural activities on the new lots is likely to result in conflict.

(4) An allotment created under subclause (3) may not be re-subdivided, except under this clause or clause 12.

(5) In this clause, "dwelling entitlement" means a legal right to erect a dwelling upon an allotment.