New South Wales Consolidated Regulations

WOLLONDILLY LOCAL ENVIRONMENTAL PLAN 1991 - REG 13C

13C Community titles subdivision-Zone No 1 (b)

(1) Subdivision of land within Zone No 1 (b) in accordance with the Community Land Development Act 1989 to create a neighbourhood scheme is permitted, but only with the consent of the council. Such subdivision is referred to in this clause as a "community titles subdivision".

(2) Despite clause 12, the council may consent to a community titles subdivision of all or part of an original holding within Zone No 1 (b), but only if:

(a) the area of the original holding is 80 hectares or greater, and

(b) none of the allotments to be created by the subdivision will have an area of less than 1 hectare or more than 2 hectares, except for a lot comprising neighbourhood property, and

(c) the total number of lots into which the original holding will be divided after the subdivision will not exceed 10, excluding the neighbourhood property.

(3) The council must not consent to a community titles subdivision of land within Zone No 1 (b) unless it is satisfied that the development of the land after the subdivision will meet the following requirements:

(a) agriculture will be maintained on the majority of the land and this area will be used as the neighbourhood property,

(b) an adequate area of land will be available for effluent disposal,

(c) the visual impact of development on the character of the rural landscape will be minimised,

(d) any rural land use conflict or land degradation resulting from the proposed development will be minimised,

(e) the neighbourhood property will constitute the majority of high-class agricultural land,

(f) the neighbourhood property will not be further subdivided.

(4) In this clause, "original holding" means a lot in a current plan (within the meaning of section 327AA (1) of the Local Government Act 1919 ) at 20 September 1996, being the date of publication in the Gazette of Wollondilly Local Environmental Plan 1991 (Amendment No 11) .