New South Wales Consolidated Regulations

SHOALHAVEN LOCAL ENVIRONMENTAL PLAN 1985 - REG 11C

11C Subdivision-boundary adjustments

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

(2) Despite any other provision of this plan, a person may subdivide land to which this clause applies with the consent of the Council, but only if:

(a) no additional allotments will be created by the subdivision, and

(b) the area of each allotment created by the subdivision is not more than 50 per cent greater than the area of the corresponding former lot immediately before the subdivision, and

(c) a dwelling-house has been lawfully erected, or could be lawfully erected, on each allotment created by the subdivision, and

(d) the subdivision will not result in any building contravening the deemed-to-satisfy provisions of the Building Code of Australia , and

(e) the Council has issued a certificate stating that the subdivision complies with its requirements regarding water, if such a certificate is required, and

(f) each allotment to be subdivided has been lawfully created and has an area of less than 40 hectares, and

(g) the objectives of the zone applying to the land are met, and

(h) the boundary adjustment will not affect the connectivity of riparian and vegetation corridors, and

(i) there is no increase in the number of lots with frontage to a watercourse, and

(j) the land does not encompass, or is not adjacent to, a watercourse or waterbody, and

(k) in the case of a subdivision involving the adjustment of the boundaries of land that, in the opinion of the Council, is bushfire prone land:

(i) the resulting allotments will comply with the Planning for Bush Fire Protection , ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006, and

(ii) any approvals required under the Rural Fires Act 1997 have been obtained from the NSW Rural Fire Service.

(3) This clause does not apply to land that has been previously subdivided pursuant to this clause.