New South Wales Consolidated Regulations

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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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