New South Wales Consolidated Regulations

OBERON LOCAL ENVIRONMENTAL PLAN 1998 - REG 12A

12A Subdivision for the purpose of agriculture in Zone No 1 (e)

(1) The Council may consent to the creation of an allotment within Zone No 1 (e) of any size if the Council considers that the land is to be used for the purposes of agriculture or forestry.

(2) Subclause (1) does not authorise the Council to consent to the creation of an allotment with an area of less than 100 hectares if there is or will be a dwelling-house on the proposed allotment.

(3) The Council must not grant consent under this clause unless:

(a) it is satisfied that legal access exists, or can be made available, between the proposed allotment and an existing public road, and

(b) it is satisfied, having regard to documentary evidence provided by a qualified agricultural economist, that the proposed allotment is capable of sustaining development for the purposes of agriculture or forestry.

(4) Before granting consent under this clause, the Council must consider the effect of creating the proposed allotment:

(a) on the existing and potential capability of the land and adjacent land to produce food or fibre or to be used for any other agricultural purposes, and

(b) on any development being carried out on adjoining land, and

(c) on the natural environment, including water resources, and

(d) on vegetation, timber production, land capability (including soil resources and soil stability) and water resources (including the availability, quality and stability of watercourses and ground water storage and riparian rights), and

(e) on the protection of areas of significance for nature conservation or of high scenic or recreational value, and

(f) on the potential for land use conflict with adjoining or adjacent uses where future development on the proposed allotment is likely to inhibit or give rise to complaints about normal farming or forestry practices (such as pesticide spraying, noxious weeds and feral animal control, bushfire hazard reduction, noise, harvesting, noxious odours and the like).