New South Wales Consolidated Regulations

PENRITH LOCAL ENVIRONMENTAL PLAN 1998 (URBAN LAND) - REG 10

10 Subdivision controls generally

(1) The objectives of this clause are to prescribe minimum lot areas and minimum lot widths for land within a residential or rural-residential zone that will:

(a) provide for development that promotes housing choice,

(b) encourage lot dimensions and lot areas appropriate for development permissible in each zone,

(c) maintain the prevailing settlement patterns in each of the residential and rural-residential zones, and

(d) permit “strata” subdivision of dual occupancy and multi-unit housing development.

(2) This clause does not apply to common property or lots (within the meaning of the Strata Schemes (Freehold Development) Act 1973 ), or community property, neighbourhood property or precinct property (within the meaning of the Community Land Development Act 1989 ).

(3) A person shall not subdivide land (whether or not occupied by buildings) or open a road without the consent of the council.

(4) For the purposes of this clause, the area of a lot does not include the area of any access corridor or right-of-carriageway.

(5) The council must not grant consent to subdivision of land within Zone No 2 (a1), 2 (a), 2 (b), 2 (c), 2 (d) or 2 (e) unless the area and width of each of the resultant lots will be in accordance with the controls for the zone set out in Table 1 below:

Table 1 General Subdivision Controls

	Standard lot	Internal lot
Zone No	minimum area	minimum width	minimum area	minimum width
2 (a1)	600 m 2	20 m	700 m 2	20 m
2 (a)	600 m 2	15 m	700 m 2	20 m
2 (b)	550 m 2	15 m	650 m 2	15 m
2 (c)	475 m 2	12 m	525 m 2	15 m
2 (d)	400 m 2	12 m	450 m 2	15 m
2 (e)	400 m 2	10 m	450 m 2	12 m

(6) Despite the provisions of subclause (5), the council may consent to development that involves a subdivision of land in Zone No 2 (c), 2 (d) or 2 (e) that creates lots with smaller areas or narrower widths than the minimum areas or widths specified in Table 1, but only if:

(a) the development proposed includes the erection of at least one dwelling on each lot in the site area, or

(b) the development proposed is the subdivision of an existing or consented to dual occupancy or multi-unit housing.

(7) The council must not consent to the subdivision of land (whether or not occupied by buildings) within Zone No 2 (r1) unless:

(a) each allotment to be created has an area of not less than 4,000 square metres, and

(b) it is satisfied that the size of each of those allotments is adequate, after having regard to the requirements of the Department of Health and to any development control plan relating to stormwater and waste water management.

(8) The council must not grant consent to a subdivision of land (whether or not occupied by buildings) within Zone No 2 (r) unless:

(a) each allotment to be created will have an area of not less than 4,000 square metres and the total number of allotments will not exceed one for each hectare of land being subdivided, and

(b) it is satisfied that the size of each of those allotments is adequate, after having regard to the requirements of the Department of Health and to any development control plan relating to stormwater and waste water management, and

(c) the subdivision maintains the semi-rural character of the locality.