New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 14

14 Subdivision of land within Zone No 1 (a), 1 (c), 7 (a), 7 (b), 7 (c), 7 (d), 7 (e), 7 (f) or 7 (g)

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

(2) Except as provided by subclauses (3) and (4), a person shall not subdivide land to which this clause applies so as to create an allotment having an area of less than:

(a) in the case of land within Zone No 1 (c), 7 (a), 7 (d), 7 (e), 7 (f) or 7 (g)-40 hectares,

(b) in the case of land within Zone No 1 (a) or 7 (b)-20 hectares,

(c) in the case of land within Zone No 7 (c)-2 hectares.

(3) A person may, with the consent of the Council:

(a) subdivide land to which this clause applies where:

(i) the land is partly within one zone and partly within another zone,

(ii) the area of the land within one of the zones is not less than the area specified in subclause (2) in respect of that zone,

(iii) the area of the land in the other zone is less than the area specified in subclause (2) in respect of that zone, and

(iv) one of the allotments to be created by the subdivision comprises the whole of the land referred to in subparagraph (iii), or

(b) subdivide land within Zone No 7 (c) so as to create one or more allotments of less than 2 hectares but not less than 1 hectare where the average of the areas of all the allotments in the subdivision is not more than 2 hectares and where:

(i) the person dedicates to the Council as a public reserve land within Zone No 7 (a) which is in the same ownership as the land within Zone No 7 (c),

(ii) the person contributes to the Council an amount of money to be used by the Council for the purchase of land within Zone No 7 (a) for use as a public reserve or for the improvement or embellishment of any public reserve owned by the Council which is within Zone No 7 (a),

(iii) the plan of subdivision is a strata plan, within the meaning of the Strata Titles Act 1973 , which includes as common property land within Zone No 7 (a) which adjoins land within Zone No 7 (c) and that part of the common property which is within Zone No 7 (a) is accessible from each of the lots in the strata plan,

(iv) the person dedicates land within Zone No 7 (a) in accordance with subparagraph (i) and makes a contribution in accordance with subparagraph (ii), or

(v) the person makes a contribution in accordance with subparagraph (ii) and land within Zone No 7 (a) is included in common property in accordance with subparagraph (iii).

(4) Where land within Zone No 7 (a) is to be dedicated in accordance with subclause (3) (b) (i) or included in common property in accordance with subclause (3) (b) (iii), the area of land that, as the case may be, is to be so dedicated or so included shall be that number of hectares that is equal to the number obtained:

(a) by subtracting from the number of allotments to be created (as referred to in subclause (3) (b)) the number obtained by dividing the total area of land within Zone No 7 (c), expressed in hectares, by 2, and

(b) by multiplying the number calculated pursuant to paragraph (a) by 5,

adjusted to the first decimal place.

(5) Where a contribution is to be made in accordance with subclause (3) (b) (ii), the amount of the contribution to be so made shall be that number of dollars that is equal to the number obtained:

(a) by subtracting from the number of allotments to be created (as referred to in subclause (3) (b)) the number obtained by dividing the area of land within Zone No 7 (c), expressed in hectares, by 2, and

(b) by multiplying the number calculated pursuant to paragraph (a) by 5 times the value, expressed in dollars, of 1 hectare of land within Zone No 7 (a), as determined from time to time by the Council,

adjusted to the nearest whole number.

(6) Where:

(a) land within Zone No 7 (a) is to be dedicated and a contribution is to be made in accordance with subclause (3) (b) (iv), or

(b) land within Zone No 7 (a) is included in common property and a contribution is to be made in accordance with subclause (3) (b) (v),

the amount of the contribution to be so made shall be that number of dollars that is equal to the number calculated pursuant to subclause (5) less the number obtained by multiplying the area of land within Zone No 7 (a) to be dedicated or included in common property by the value, expressed in dollars, of 1 hectare of land within that zone (as determined pursuant to subclause (5)), adjusted to the nearest whole number.

(7) Where land is subdivided in accordance with subclause (3) (b), the total number of allotments that may be created by one or more subdivisions made at any time before or after the appointed day shall not exceed the number of hectares of the land within Zone No 7 (c) adjusted down to the nearest whole number.

(8) Land within Zone No 7 (a) included in common property pursuant to subclause (3) (b) (iii) shall not be used for any purpose other than agriculture, parks or gardens and shall not be so used without the consent of the Council.

(9) The Council shall upon receipt by it of a contribution made pursuant to this clause place that contribution in a trust account for use for the purpose specified in subclause (3) (b) (ii).