New South Wales Consolidated Regulations

SHOALHAVEN LOCAL ENVIRONMENTAL PLAN 1985 - REG 11

11 Subdivision-Zones Nos 1 (a), 1 (b), 1 (d), 1 (e), 1 (g), 7 (a), 7 (c), 7 (d1), 7 (d2), 7 (e), 7 (f1), 7 (f2) and 7 (f3)

(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (d), 1 (e), 1 (g), 7 (a), 7 (c), 7 (d1), 7 (d2), 7 (e), 7 (f1), 7 (f2) or 7 (f3).

(2) The Council may consent to a subdivision of land to which this clause applies if each separate allotment of land that will be created by the subdivision:

(a) will have an area of not less than 40 hectares,

(b) in the opinion of the Council, will allow the objectives of the zone applying to the land to be met,

(c) will have a ratio of depth to frontage satisfactory to the Council, having regard to the purpose for which the allotment is or is intended to be used,

(d) where the allotment has a frontage to a main or arterial road, will have a frontage to that road of not less than 400 metres, and

(e) will have a vehicular access that is practical and lawful.

(3) The Council may grant consent for a subdivision of land to which this clause applies (except land within Zone No 7 (d2) or 7 (f2)) so as to create an allotment of less than 40 hectares if the Council is satisfied that:

(a) the allotment proposed to be created is currently lawfully used for a purpose (other than agriculture, forestry, a dwelling-house or dwellings, or tourist accommodation under clause 20) for which it may be used without or only with the consent of the Council, or will be used for such a purpose before the plan of subdivision or strata plan is registered, and

(b) the ratio of depth to frontage is satisfactory having regard to the purpose for which the allotment is intended to be used, and

(c) only one lot for each use referred to in paragraph (a) is created, and

(d) where the allotment has a frontage to a main or arterial road, the frontage is not less than:

(i) in the case of land within Zone No 1 (a), 1 (b), 1 (d), 1 (e) or 1 (g)-200 metres, or

(ii) in the case of land within Zone No 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1) or 7 (f3)-400 metres, and

(e) each lot has a vehicular access that is practical and lawful.

(3A) The residue of land remaining after the creation of an allotment under subclause (3) may be less than 40 hectares.

(4) The Council may grant consent pursuant to subclause (3) for a subdivision for the purpose of a tourist facility that will create more than one allotment of less than 40 hectares if:

(a) the subdivision is a subdivision of land under the Community Land Development Act 1989 , and

(b) all lots created by the subdivision are in the same community, precinct or neighbourhood scheme within the meaning of the Community Land Development Act 1989 .

(5) Despite any other provision of this clause, the Council may consent to a subdivision that will create a lot of less than 40 hectares of land to which this clause applies where the proposed lot:

(a) has a lawfully erected dwelling-house situated on it, and

(b) adjoins land within a zone to which this clause does not apply which is within the same ownership as the proposed lot immediately before the creation of the proposed lot.

(6) The Council must not grant consent for a subdivision of land to which this clause applies so as to create an allotment other than an allotment referred to in subclause (2), (3), (4) or (5).