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SCONE LOCAL ENVIRONMENTAL PLAN 1986 - REG 10
Subdivision of land within Zone No 1 (d), 1 (e), 1 (i), 1 (s) or 7 (a)
10 Subdivision of land within Zone No 1 (d), 1 (e), 1 (i), 1 (s) or 7 (a)
(1) This clause applies to land within Zone No 1 (d), 1 (e), 1 (i), 1 (s) or 7
(a).
(2) The Council shall consult with any sources of expert advice which it
deems appropriate in determining any application for consent for a subdivision
of land to which this clause applies.
(3) If a subdivision would create an
allotment wholly within one of the zones specified in Column 1 of the Table to
this clause, the allotment must have an area not less than the area shown
opposite that zone in Column 2 of that Table.
(4) If a subdivision creates an
allotment with parts in more than one zone, at least one of which is a zone
specified in the Table to this clause, the allotment must include an area
within each zone specified in the Table to this clause not less than the area
shown opposite that zone in Column 2 of that Table.
(5) An allotment may be
created within a zone listed in Column 1 of the Table to this clause which has
an area less than the area shown opposite that Zone in Column 2 of that table
where the Council is satisfied after the assessment of a Property Management
Plan for each such allotment, that the proposed subdivision: (a) will enable
the land to be used for agricultural purposes,
(b) will not diminish the
potential of any other land for agricultural purposes,
(c) will contribute to
the agricultural output of the district within which the land is located,
(d)
will allow sustainable landuse and that all relevant issues including water
supply, effluent disposal and soil conservation have been adequately
addressed, and
(e) is one in which the ratio of depth to frontage of each
allotment of land to be created will be satisfactory having regard to the
purpose for which the allotment is intended to be used.
(6) Despite
subclauses (3)-(5), the Council may grant consent to a subdivision that
creates an allotment of any size if consent has already been granted for the
use of each such allotment in accordance with this plan (for a purpose other
than the purpose of agriculture, intensive agriculture or a dwelling house)
and the size of the proposed allotment is appropriate.
(8) In calculating the
area of a hatchet shaped allotment, for the purpose of this clause, the area
of the access handle is to be excluded.
Table
| Column 1 | Column 2 |
| Zone No 1 (d) | 120 ha |
| Zone No 1 (e) | 400 ha |
| Zone No 1 (i) | 40 ha |
| Zone No 1 (s) | 40 ha |
| Zone No 7 (a) | 40 ha |
Note: Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008
enables subdivision of lots smaller than allowed by this plan for the purposes
of primary production.
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