New South Wales Consolidated Regulations

TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 19

19 Subdivision of land for the purpose of dwelling houses in Zone No 2 (v)

(1) This clause applies to land within Zone No 2 (v).

(2) The Council may consent to an application to subdivide land to which this clause applies so as to create allotments which the Council is satisfied will be used for the purpose of dwelling-houses where the proposed allotments:

(a) if located within a sewered section of the Braidwood village zone-will have areas of at least 550 square metres, or

(b) if located elsewhere-will have areas of at least 2,000 square metres, provided that the findings of a permeability test in a section of the land so located demonstrate that the land has adequate capability for the on-site disposal of effluent and that such disposal will not adversely affect water quality or adjoining land through either surface or sub-surface flows.

(3) The Council may consent to an application to subdivide land to which this clause applies that is within a sewered section of the Braidwood Village zone so as to create allotments having areas of less than 550 square metres if the Council is satisfied that the proposed allotments will be used for any purpose (other than for the purpose of a dwelling-house, a residential flat building, a boarding house, a motel or the like) for which they may be used (either with or without development consent) in accordance with this plan, and that the areas of the proposed allotments are appropriate, having regard to the purpose for which they are to be used.

(4) Despite subclause (2), the Council may consent to an application to subdivide land to which this clause applies that is located otherwise than within a sewered section of the Braidwood Village zone so as to create allotments having areas of less than 2,000 square metres (but not less than 1,000 square metres) provided that the Council is satisfied with the results of a detailed analysis of the suitability for on-site disposal of wastes of the lots to be created, where that analysis has included consideration of:

(a) slope,

(b) ground cover,

(c) transpiration factors,

(d) the proximity of the proposed dwellings to flow-lines,

(e) the location of the proposed dwellings in relation to proposed septic systems and to each other, and

(f) the composition of the soil.