New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 42G

42G Subdivision and regional transport infrastructure-Hamlyn Terrace

(1) This clause applies to land shown edged heavy black on the map marked “ Wyong Local Environmental Plan 1991 (Amendment No 163) ” deposited in the office of the Council, but does not apply to such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act).

(2) The object of this clause is to require assistance towards the provision of regional transport infrastructure and services to satisfy needs that arise from development on land to which this clause applies, but only if the land is developed intensively for urban purposes.

(3) Despite any other provision of this plan, the Council must not grant consent to the subdivision of land to which this clause applies if the subdivision would:

(a) create a lot with an area of less than 40 hectares that, immediately before the commencement of Wyong Local Environmental Plan 1991 (Amendment No 163) , was within Zone No 1 (c), or

(b) create additional lots on land that, immediately before the commencement of Wyong Local Environmental Plan 1991 (Amendment No 163) , was within Zone No 10 (a),

unless the Director-General has certified in writing to the Council that satisfactory arrangements have been made to contribute to the provision of regional transport infrastructure and services in relation to that lot.

(4) Subclause (3) does not apply to any lot:

(a) identified in the certificate as a residue lot, or

(b) created by a subdivision consented to in accordance with this clause, or

(c) that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities or any other public purpose.

(5) Subclause (3) does not apply to a subdivision for the purpose only of rectifying an encroachment on any existing allotment.

(6) State Environmental Planning Policy No 1-Development Standards does not apply to the subdivision of land to which subclause (3) applies.