New South Wales Consolidated Regulations

RICHMOND RIVER LOCAL ENVIRONMENTAL PLAN 1992 - REG 11

11 Subdivision of land in Zones Nos 1 (a), 1 (b1), 1 (b2), 1 (d), 1 (e), 7 (a), 7 (b), 7 (c) and 7 (f)

(1) This clause applies to land with Zone No 1 (a), 1 (b1), 1 (b2), 1 (d), 1 (e), 7 (a), 7 (b), 7 (c), or 7 (f).

(2) Subject to this clause, land to which this clause applies shall not be subdivided unless each allotment to be created has an area of:

(a) not less than 40 hectares in the case of land within Zone No 1 (a),

(b) not less than 100 hectares in the case of land within Zone No 1 (b1),

(c) not less than 200 hectares in the case of land within Zone No 1 (b2),

(e) not less than 10 hectares in the case of land within Zone No 1 (d).

(3) For the purposes of this clause, land within Zone No 1 (e), 7 (a), 7 (b), 7 (c) or 7 (f) shall be regarded as being land within Zone No 1 (a), 1 (b1) or 1 (b2), whichever is the nearest.

(4) If a parcel of land that is partly within Zone No 1 (c) is subdivided under clause 11A and the residue of the parcel, being land to which this clause applies, is less than the minimum standard required by subclause (2), an allotment having an area that is less than the minium standard required by subclause (2) may be created where it:

(a) has an area not less than 1 hectare, and

(b) comprises the consolidation of the residue of the parcel.

(4A) An allotment may be created under subclause (4) even if it excludes from any consolidation any allotments that:

(a) have a lawfully erected dwelling on them, or

(b) could have a dwelling erected on them subject to clause 14.

(5) Notwithstanding subclause (2), the Council shall not consent to a subdivision of land which creates an allotment of land irrespective of whether it complies with the minimum area requirement specified in subclause (2), unless the Council is satisfied:

(a) that such allotment has practical vehicular access of a reasonable standard,

(b) that the shape and ratio of depth to frontage of such allotment is reasonable having regard to the purpose for which it is to be used, and

(c) that such allotment will not create ribbon development along a road.

(6) The separate occupation of the proposed lots illustrated by a proposed strata plan relating to land to which this clause applies is prohibited.